Supremacy of Constitution is basis of Constitutional, Political System: Babar

ISLAMABAD : The Senate Standing Committee on Law & Justice while considering “The Constitution (Amendment) Bill, 2017 (Amendment of Article of 63-A)” introduced by Senator Farhatullah Babar in the Senate, unanimously approved the amendment in sub-paragraph (iii) of paragraph (B) of clause (1) of Article 63-A.

The Committee was presided over by Senator Muhammad Javed Abbasi and was attended among other by Senators Saleem Zia, Farooq H. Naek, Nihal Hashmi, Mrs. Zahida Khan and Farhatullah Babar.

Senator Farhatullah Babar in his statement of objects and reasons said that supremacy of the Constitution is the basis of Pakistan Constitutional and Political system and Parliament exercises supremacy within the jurisdiction assigned to it by the Constitution.

He said that existing provision under sub-paragraph (iii) of paragraph (B) of clause (1) of Article 63-A, does not allow members to vote according their conscious on a constitutional amendment. It negates the spirit of the constitution and supremacy of the parliament, the Committee latter on unanimously approved amendments.

The Committee was given a detailed briefing on the rising trend in litigation pertaining to decisions of the Centre Selection Board (CSB) which can be otherwise avoided by due implementation of Civil Servant Act 1973, adding to the pendency of cases before the courts.

Establishment Division informed that a number of officers who are either deferred or superseded, approach the courts for redressed of their grievances. It was informed that Federal Services Tribunal has the jurisdiction to hear the cases of Civil Servants. The only guaranteed right for a Civil Servant to be considered for promotion has been provided in eligibility and relevant service criteria.

The Committee directed the Establishment Division to evolve a judicious mechanism in this regard and overcome the short coming resulting in the rising trend in litigation with regard to CSB decisions.

A Sub-Committee has been constituted to review the Civil Servants Act, federal Services Tribunal Act and other relevant laws to ensure less burdening of courts with regard to promotion matters. The Sub-Committee will fair and equitable mechanism for promotions avoided discretion given to the CSB. The sub-Committee will be headed by Senator Farooq H. Naek.